Senate votes to overturn ergonomics regulation

Clearing the way for House action as early as Wednesday, the Senate voted 56-44 Tuesday to repeal a major Clinton administration workplace-safety regulation, with the help of key centrist Democrats.

While all 50 Republicans held fast, six Democrats-- Sens. John Breaux and Mary Landrieu of Louisiana, Zell Miller of Georgia, Ernest Hollings of South Carolina, Blanche Lincoln of Arkansas and Max Baucus of Montana--voted to repeal the rule on ergonomics.

In anticipation, the House Rules Committee Tuesday approved a closed rule allowing for an hour of general debate in the House on the Joint Resolution of Disapproval with a motion to recommit. But GOP leaders Tuesday night were still checking whip counts and the availability of members before deciding whether to schedule a vote Wednesday or Thursday. There were indications Tuesday that some Republican House moderates might be more inclined to buck their leadership than their Senate counterparts.

Rep. Ray LaHood, R-Ill., who quipped that he has voted on both sides of the issue, declined to say whether he would support repealing the rule. But Rep. Sherwood Boehlert, R-N.Y., defended the ergonomics rule and said he would vote against its repeal.

"I think everyone has been studying and studying and studying [and] has said there is compelling evidence something has to be done," Boehlert said.

Rep. Jack Quinn, R-N.Y., a leading pro-labor Republican, said he was "inclined to vote with labor" against repealing the ergonomics rule, but he did not plan a "concerted effort" against it.

Meanwhile House Education and the Workforce ranking member George Miller, D-Calif., charged Republicans with moving to a quick vote while public attention is focused on the tax relief debate, but he said Democrats still have a chance to defeat the measure. "We've had very close votes on this. We've got to hold all our guys," Miller said.

During the 10 hours of debate on the Senate floor, Democrats argued in vain that overturning the rule through the Congressional Review Act would prevent the Labor Department from issuing a rule that is "substantially similar" to the current one and would leave workers vulnerable--particularly women.

"This is not a review. This is a killing," said Sen. Charles Schumer, D-N.Y.

But Republicans argued that new avenues could be pursued to address musculoskeletal disorders, such as repetitive motion injuries, once this rule is repealed.

"This rule is not good, it is expensive, and it ought to be repealed," said Senate Majority Whip Nickles, who spearheaded the efforts with Sen. Michael Enzi, R-Wyo., to kill the rule.

The controversial ergonomics regulation would require employers to set up programs to address work-related injuries, such as repetitive motion injuries, once workers were determined to have such injuries.

The Labor Department has estimated it would cost about $4.5 billion and provide about $9 billion in savings by preventing workers from experiencing these diseases. But employers estimate the effort would cost between $100 billion to $1 trillion and would override current voluntary programs.

Although he ultimately voted with the Republicans, Breaux urged the Labor secretary to institute a regulation to address some of the concerns raised about the rule.

Breaux called for a new regulation directly related to injuries that occur in the workplace, which requires the agency to certify that businesses are in compliance and does not expand workers' compensation laws.